Terms Of Service

Indemnification Policy

You agree to use all J&M Hosting services and facilities at your own risk. J&M Hosting specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall J&M Hosting be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Customer agrees that it shall defend, indemnify, save and hold J&M Hosting harmless from any and all demands, liabilities, losses, costs and claims, including attorney fees asserted against J&M Hosting, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by this company, a customer, it's agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless J&M Hosting against liabilities arising out of: (1) any injury to person or property caused by any products sold or otherwise distributed in connection with J&M Hostings's server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to subscriber from J&M Hosting's server. J&M Hosting shall be the sole judge of what violates this Policy.

30 Day Money Back Guarantee

J&M Hosting offers a 30 day no questions asked money back guarantee. After the end of the 30 day period the Account Cancellation rules apply on all services. Domain registration fees are not refundable.

Uptime Guarantee

If your website has an uptime percentage of lower than 99.5% as established by our monitoring software, we will give you a month free of service. The month will be added on to your current term. Only semi-annual and annual customers are eligible for the free month.

Free Domains

J&M Hosting provides free domains upon receipt of payment. These domains can be any the customer requests pending they are available. J&M Hosting will only register domains that are readily available to anyone and will NOT make special purchases. These domains are transferable to any other host at any time. Should you cancel your service and be eligible for a refund, a fee of $9.50 per free domain you received shall be deducted from your refund. Free domains are only available to the first year or month term of the applicable plan, after that you must renew them at the standard fee.

Payment Policies

Establishment of these services are dependent upon receipt by the Company of payment. Subsequent payments are due on the anniversary date of the month for that month's service. The above applies to all accounts and services provided by J&M Hosting. Service will be interrupted on accounts that reach 7 days past due. Service interrupted for nonpayment is subject to a $5 reconnect charge. Accounts that are not collectible by J&M Hosting may be turned over to an outside collection agency for collection. All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred. If you desire to cancel your account, please contact us.

Payment Methods

J&M Hosting accepts credit cards through Paypal only (that includes Mastercard, Visa, Discover, and American Express) and PayPal funds or eChecks via Paypal. We also accept personal checks and money orders.

Account Cancellation

You may cancel your hosting account at anytime prior to the next payment due date. Refunds for accounts cancelled after the first 30 days and before 90 days will be granted less the dollar amount for the amount of service you have used - charged at the standard monthly fee for the plan provided. No refunds will be issued after the 90 day period. Any bandwidth overage will be deducted before refund is granted. Domain fees may also be deducted from refund.

Account Termination

J&M Hosting will terminate any account that takes action to harm our company reputation. This includes contacting existing customers or publishing negative information on internet Chat or Forum sites. Accounts terminated for violation of the Terms of Service or Acceptable Use Policy will not be granted a refund.

Violation of our anti-spam policy will be grounds for immediate account termination. Web sites deemed offensive, pornographic or racially degrading by J&M Hosting will be removed from our servers without notice. Abusive behavior of any type will not be tolerated. J&M Hosting will immediately terminate any account who harasses or otherwise abuses our support staff. Web sites promoting, making available or otherwise contributing to software piracy, hacking, spamming, denial of service attacks and/or damage to commercial networks or servers will be removed from our servers without notice and illegal acts will be reported and prosecuted. Accounts using up enough server resources to slow or crash a server will be shut down without prior notice. Websites with extremely heavy traffic should not run forums or other dynamic scipts on our general hosting accounts due to the vast amount of server resources they require. If an account is shut down due to server resource issues, we will (upon request) make a reasonable effort to help get the account unsuspended. This includes tracking down the offending program, if applicable. Third-party installed versions of Form Mail are forbidden, due to the security risk they pose. We have Form Mail available, globally, for all accounts on our network.

All server activity is logged. Any snooping, hacking, or other inappropriate activity of any type outside of your account on our servers will be grounds for termination.

In addition, your account is for web and email use only, any other activities, at our sole discretion, will be grounds for termination as well.

Service

We will make every reasonable attempt to avoid unexpected server downtime and to ensure that all accounts are well taken care of. We cannot guarantee or predict server downtime. Any network problem, or outage, is not covered under any guarantee or warranty and will not be grounds for reimbursement for any subsequent financial damages or losses.

Backups

It is the clients' responsibility to maintain local copies of their web content any information. Backups are made for server restoration purposes only. The Backup Manager is included in each hosting plan and you can use this tool to backup your files. If loss of data occurs due to an error of J&M Hosting, we will attempt to recover the date at no charge to the client but makes no guarantee. If data loss occurs due to negligence of client in securing their account or by an action of the client, J&M Hosting will attempt to recover the data from the most recent archive. Please note J&M Hosting only saves backups of shared hosting accounts. If you purchase a reseller plan and would like us to retain backups of your clients sites, there is a monthly fee of $10.

Acceptable Usage Policy

SPAM Policy

J&M Hosting is committed to a zero-tolerance, anti-Spamming policy. Under this policy, we prohibit Spam, or any unsolicited commercial email, from being sent either: over the J&M Hosting network, by customers or any other users of the J&M Hosting network (including customers' customers); AND/OR over ANY network- if the message sent advertises or mentions a site hosted on a J&M Hosting server. We react very quickly and seriously to violations, and we further reserve the right to terminate the services, without prior notice, of any customer disregarding this policy. The use of J&M Hosting servers as a mail drop for responses to activities described above is also prohibited.

Content Policy

All services provided by J&M Hosting may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, trademark, intellectual property, material we judge to be threatening or obscene, or material protected by trade secret and other statute without proper authorization. The subscriber agrees to indemnify and hold harmless J&M Hosting from any claims resulting from the use of the service which damages the subscriber or any other party. Pornography and sex-related merchandising is prohibited on all J&M Hosting servers. This includes sites that may infer sexual content, or links to adult content elsewhere. J&M Hosting will be the sole arbiter in determining violations of this provision. Also prohibited are sites that promote any illegal activity or present content that may be damaging to J&M Hosting servers or any other server on the internet. Links to such materials are also prohibited.

Examples of unacceptable content or links:

Pirated software
Hacker programs or archives
Warez sites
Adult sites
MP3 Sites

Any illegal activity, including adult content, links to adult content web sites, spamming or hacking will result in your site being shut down and all your files deleted without warning.

Banned Scripts

The following scripts are banned on J&M Hosting's servers:

All chat room scripts (excluding shoutboxes)
GreyMatter
UBB (all versions)
IkonBoard (perl/cgi version)
YaBB (perl/cgi version)
Any IRC related software
Proxy Servers
lstmrge.cgi
topsites.cgi
bindshell
psybnc

Additionally we do not allow any script that makes use of shell functions as we do not provide shell access to any customer.

Excessive Bandwidth Use

If your hosting account with J&M Hosting goes over the bandwidth allowance set for that account, you agree to pay for that overage. J&M Hosting will waive (one-time) up to 10% overage if the overage is within the guidelines of this Acceptable Use Policy. If your account goes over its bandwidth allowance 2 out of 6 months, you must either upgrade your account or purchase additional bandwidth to cover your account bandwidth usage. All bandwidth/traffic/disk space amounts are measured in MBytes/GBytes. J&M Hosting charges $1.50 for 3GB of extra bandwidth, rates apply for all extra bandwidth orders.

We reserve the right to change, alter, remove or add to all of our policies and terms at any time we deem necessary without notice.

We do not send out snail mail invoices or receipts for any amount due at anytime. Invoices and receipts are in the format of an email.

By signing up for our services and submitting payment, you agree to these terms and our Acceptable Usage Policy

TOS last updated: Jan 1 2010